Posts Tagged "jury"

We are fortunate enough to frequently be asked to represent travelers who have been injured in accident while here in Central Florida on vacation, or on business. One of the more frustrating aspects of representing people from outside of Florida is the difference of opinion that often arises regarding the value of a personal injury case here in Central Florida. Many people who vacation here from other parts of the United States, or even other parts of the world, seem to think that injuries that occur due to accidents in Florida automatically generate large amounts of money. Many people have the mistaken belief that just because they have been injured at one of the large theme parks or resort properties, that a large check will soon be forthcoming. Similarly, many people think that Florida juries are more likely than most to render large jury verdicts in favor of those injured on holiday. Having been a personal injury lawyer practicing law in Central Florida for more than the past 20 years, I am surprised at the inflated value that many visitors seem to place on their Florida personal injury cases. I am not really sure how these people come up with their personal injury case valuations. After all, most of them have never handled a personal injury case before — and particularly not one here in Central Florida. Nevertheless, we seem to be constantly tempering the expectations of these, admittedly, injured people. The problem is not that our firm does not want to help these people receive compensation. The problem is that there are certain realities in the legal and civic landscape here in Central Florida that make it challenging to deliver a favorable result for an injured tourist (uncooperative defendants, conservative juries, defendants have strong local influence, etc.). These factors do not necessarily exist in other places in the United States or the world. After all, Florida is not New York — no matter how much some might hope. Despite these challenges, we always guarantee our clients two things: (1) we will always give an honest and objection appraisal of a personal injury claim, and (2) we will always fight hard for our clients — even the New Yorkers (and perhaps, especially, the New Yorkers.) If you have been involved in an accident here in Florida while on vacation or here on business, please call Winter Park personal injury lawyers Kim Cullen and Robert Hemphill at 407-254-4901. We are always available to answer your questions, and we handle cases across Florida. Consultations are always...

People who pay attention to our firm and the material that we share online — both blog posts, and videos — know that we are serious about generating public awareness about the dangers of tired driving. Despite our reminding, preaching, and cajoling, drivers still get behind the wheels of their vehicles too tired to safely drive. One thing we know from handling car accident cases over the last twenty years is that sometimes the only way to get someone to change their behavior is to hit them in their pocketbook or wallet. I am guessing (hoping) that the truck driver discussed in the video below will never drive without proper rest again: $14 million is a lot of money. Juries typically do not award this kind of money unless they become irritated by some aspect of the evidence in a case. In this case, it was probably the truck driver’s doctored or missing log books that were supposed to guarantee that he was receiving enough rest. If you have any questions regarding a Florida car or truck accident, and especially one that might have involved a tired driver, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901, or order a FREE copy of their book, Asleep At The Wheel: 13 Mistakes The Insurance Company Desperately Hopes You’ll Make After A Florida Car Accident by clicking...

I was so saddened to read in the Orlando Sentinel about a devastating head-on crash that occurred on Interstate 275 in Tampa last weekend. Apparently the driver of a white Ford SUV was traveling at an extremely high rate of speed in the wrong direction on I-275 near the Busch Boulevard exit, which is in the vicinity of the University of South Florida. Traveling in the correct direction on the highway was a 2010 Hyundai which contained four students from USF, including the driver, Freedom High School graduate and Orlando native, Jobin Kuriakose. The students were all members of the Sigma Beta Rho fraternity at USF, where Mr. Kuriakose was apparently referred to as “Brother Ambition.” My first thought after reading about this crash is, obviously, how tragic this is. I am the parent of a high school senior who is about to go away to college, and the thought of losing him at such a young age, before his life has really begun, is horrifying. Professionally, as an Orlando accident attorney, a case like this one reminds me how difficult the issue of future wage loss often is in serious personal injury and wrongful death cases. For example, under the Florida Wrongful Death Act, Mr. Kuriakose’s surviving family members would be entitled to recover the lost net accumulations and/or loss of support and services that Mr. Kuriakose would have likely generated in the future. The difficulty arises in trying to determine this loss when someone Mr. Kuriakose’s age perishes in an accident. After all, he is a college student, and likely has little earnings history. Therefore, expert testimony is often required to analyze and attempt to predict what the decedent would have earned if not prematurely killed. Insurance companies often hire expert to say that this is merely speculative. Oftentimes, this issue is left for a jury to decide, which is inherently unpredictable. Plainly, this issue is very difficult for families. If you should have any questions regarding a Florida Wrongful Death case, or the issue of future lost wages as they pertain to a personal injury or wrongful death case, please call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901. Consultations are always...